THE GEOGRAPHICAL INDICATIONS OF GOODS (REGISTRATION AND PROTECTION) 
ACT, 1999 
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ARRANGEMENT OF SECTIONS 

Last Updated: 27-7-2022 
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CHAPTER I 

PRELIMINARY 

SECTIONS 

1.  Short title, extent and commencement. 
2.  Definitions and interpretation. 

CHAPTER II 

THE REGISTER AND CONDITIONS FOR REGISTRATION 

3.  Registrar of Geographical Indications. 
4.  Power of Registrar to withdraw or transfer cases, etc. 
5.  Geographical Indications Registry and offices thereof. 
6.  Register of Geographical Indications. 
7.  Part A and Part B of the register. 
8.  Registration to be in respect of particular goods and area. 
9.  Prohibition of registration of certain geographical indications. 
10.  Registration of homonymous geographical indications. 

CHAPTER III 

PROCEDURE FOR AND DURATION OF REGISTRATION 

11.  Application for registration. 
12.  Withdrawal of acceptance. 
13.  Advertisement of application. 
14.  Opposition to registration. 
15.  Correction and amendment. 
16.  Registration. 
17.  Application for registration as authorised user. 
18.  Duration, renewal, removal and restoration of registration. 
19.  Effect of removal from register for failure to pay fee for renewal. 

CHAPTER IV 

EFFECT OF REGISTRATION 

20.  No action for infringement of unregistered geographical indication. 
21.  Rights conferred by registration. 
22.  Infringement or registered geographical indications. 
23.  Registration to be prima facie evidence of validity. 
24.  Prohibition of assignment or transmission, etc. 

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SPECIAL, PROVISIONS RELATING TO TRADE MARK AND PRIOR USERS 

CHAPTER V 

SECTIONS 

25.  Prohibition of registration of geographical indication as trade mark. 
26.  Protection to certain trade marks. 

CHAPTER VI 

RECTIFICATION AND CORRECTION OF THE REGISTER 

27.  Power to cancel or vary registration and to rectify the register. 
28.  Correction of register. 
29.  Alteration of registered geographical indications. 
30.  Adaptation of entries in register to amend or substitute classification of goods. 

CHAPTER VII 

APPEALS  

31.  Appeals to the High Court. 
32.  [Omitted.] 
33.  [Omitted.] 
34.  Procedure for application for rectification, etc., before High Court. 
35.  Appearance of Registrar in legal proceedings. 
36.  [Omitted.] 

CHAPTER VIII 

OFFENCES, PENALTIES AND PROCEDURE 

37.  Meaning of applying geographical indications. 
38.  Falsifying and falsely applying geographical indications. 
39.  Penalty for applying false geographical indications. 
40.  Penalty for selling goods to which false geographical indication is applied. 
41.  Enhanced penalty on second or subsequent conviction. 
42.  Penalty for falsely representing a geographical indication as registered. 
43.  Penalty  for  improperly  describing  a  place  of  business  as  connected  with  the  Geographical 

Indications Registry. 

44.  Penalty for falsification of entries in the register. 
45.  No offence in certain cases. 
46.  Forfeiture of goods. 
47.  Exemption of certain persons employed in ordinary course of business. 
48.  Procedure where invalidity of registration is pleaded by the accused. 
49.  Offences by companies. 
50.  Cognizance of certain offences and the powers of police officer for search and seizure. 
51.  Costs of defence of prosecution. 
52.  Limitation of prosecution. 
53.  Information as to commission of offence. 
54.  Punishment for abetement in India of acts done out of India. 

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SECTIONS 

CHAPTER IX 

MISCELLANEOUS 

55.  Protection of action taken in good faith. 
56.  Certain persons to be public servants. 
57.  Stay of proceedings where the validity of registration of the geographical indication is questioned 

etc. 

58.  Application for rectification of register to be made to High Court in certain cases. 
59.  Implied warranty on sale of indicated goods. 
60.  Powers of Registrar. 
61.  Exercise of discretionary power by Registrar. 
62.  Evidence before Registrar. 
63.  Death of party to a proceeding. 
64.  Extension of time. 
65.  Abandonment. 
66.  Suit for infringement, etc., to be instituted before district court. 
67.  Relief in suit for infringement or for passing off. 
68.  Authorised user to be impleaded in certain proceedings. 
69.  Evidence of entries in register, etc., and things done by the Registrar. 
70.  Registrar and other officers not compellable to produce register, etc. 
71.  Power to require goods to show indication of origin. 
72.  Certificate of validity. 
73.  Groundless threats of legal proceedings. 
74.  Address for service. 
75.  Trade usages, etc., to be taken into consideration. 
76.  Agents. 
77.  Indexes. 
78.  Documents open to public inspection. 
79.  Reports of Registrar to be placed before Parliament. 
80.  Fees and surcharge. 
81.  Savings in respect of certain matters in Chapter VIII. 
82.  Declaration as to title of geographical indication not registrable under the Registration Act, 1908. 
83.  Government to be bound. 
84.  Special provisions relating to applications for registration from citizens of convention countries. 
85.  Provision as to reciprocity. 
86.  Powers of Central Government to remove difficulties. 
87.  Power to make rules. 

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THE GEOGRAPHICAL INDICATIONS OF GOODS 
(REGISTRATION AND PROTECTION) 
ACT, 1999 

ACT NO. 48 OF 1999 

An Act to provide for the registration and better protection of geographical indications relating to 

goods. 

BE it enacted by Parliament in the Fiftieth Year of the Republic of India as follows:— 

[30th December, 1999.]  

CHAPTER I 

PRELIMINARY 

1.  Short  title,  extent  and  commencement.—(1)  This  Act  may  be  called  the  Geographical 

Indications of Goods (Registration and Protection) Act, 1999. 

(2) It extends to the whole of India. 

(3)  It  shall  come  into  force  on  such  date1  as  the  Central  Government  may,  by  notification  in  the 
Official Gazette, appoint; and different dates may be appointed for different provisions of this Act, and 
any reference in any such provision to the commencement of this Act shall be construed as a reference to 
the coming into force of that provision. 

2. Definitions and interpretation.—(1) In this Act, unless the context otherwise requires,— 

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(b)  “authorised  user”  means  the  authorised  user  of  a  geographical  indication  registered  under 

section 17; 

(c) “deceptively similar” A geographical indication shall be deemed to be deceptively similar to 
another  geographical  indication  if  it  so  nearly  resembles that  other  geographical  indication  as  to  be 
likely to deceive or cause confusion; 

(d)  “district  court”  has  the  meaning  assigned  to  it  in  the  Code  of  Civil  Procedure,                           

1908 (5 of 1908); 

(e)  “geographical  indication”,  in  relation  to  goods,  means  an  indication  which  identifies  such 
goods as agricultural goods, natural goods or manufactured goods as originating, or manufactured in 
the territory of a country, or a region or locality in that territory, where a given quality, reputation or 
other  characteristic  of  such  goods  is  essentially  attributable  to  its  geographical  origin  and  in  case 
where  such  goods  are  manufactured  goods  one  of  the  activities  of  either  the  production  or  of 
processing or preparation of the goods concerned takes place in such territory, region or locality, as 
the case may be. 

Explanation.—For  the  purposes  of  this  clause,  any  name  which  is  not  the  name  of  a  country, 
region or locality of that country shall also be considered as the geographical indication if it relates to 
a specific geographical area and is used upon or in relation to particular goods originating from that 
country, region or locality, as the case may be; 

(f) “goods” means any agricultural, natural or manufactured goods or any goods of handicraft or 

of industry and includes food stuff; 

(g) “indication” includes any name, geographical or figurative representation or any combination 

of them conveying or suggesting the geographical origin of goods to which it applies; 

(h) “name” includes any abbreviation of a name; 

1. 15th September, 2003, vide notification No. S.O. 1051(E), dated 15th September, 2003, see Gazette of India, Extraordinary, 

Part II, sec. 3(ii). 

2. Clause (a) omitted by Act 33 of 2021, s. 22 (w.e.f. 4-4-2021). 

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(i) “package” includes any case, box, container, covering, folder, receptacle, vessel, casket, bottle, 

wrapper, label, band, ticket, reel, frame, capsule, cap, lid, stopper and cork; 

(j) “prescribed” means prescribed by rules made under this Act; 

(k) “producer”, in relation to goods, means any person who,— 

(i)  if  such  goods  are  agricultural  goods,  produces  the  goods  and  includes  the  person  who 

processes or packages such goods; 

(ii) if such goods are natural goods, exploits the goods; 

(iii) if such goods are handicraft or industrial goods, makes or manufactures the goods,  

and includes any person who trades or deals in such production, exploitation, making or manufacturing, as 
the case may be, of the goods; 

(l) “register” means the Register of Geographical Indications referred to in section 6; 

(m) “registered” (with its grammatical variations) means registered under this Act; 

(n)  “registered  proprietor”,  in  relation  to  a  geographical  indication,  means  any  association  of 
persons or of producers or any organisation for the time being entered in the register as proprietor of 
the geographical indication; 

(o) “Registrar” means the Registrar of Geographical Indications referred to in section 3; 

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(2) Words and expressions used and not defined in this Act but defined in the Trade Marks Act, 1999 

(47 of 1999) shall have the meanings respectively assigned to them in that Act. 

(3) In this Act, unless the context otherwise requires, any reference— 

(a) to the use of a geographical indication shall be construed as a reference to the use of a printed 

or other visual representation of the geographical indication; 

(b) to the use of a geographical indication in relation to goods shall be construed as a reference to 
the use of the geographical indication upon, or in any physical or in any other relation whatsoever, to 
such goods; 

(c)  to  a  registered  geographical  indication  shall  be  construed  as  including  a  reference  to  a 

geographical indication registered in the register;  

(d) to the Registrar shall be construed as including a reference to any officer when discharging the 

functions of the Registrar in pursuance of sub-section (2) of section 3; 

(e)  to  the  Geographical  Indications  Registry  shall  be  construed  as  including  a  reference  to  any 

office of the Geographical Indications Registry.  

CHAPTER II 

THE REGISTER AND CONDITIONS FOR REGISTRATION 

3.  Registrar  of  Geographical  Indications.—(1)  The  Controller-General  of  Patents,  Designs  and 
Trade  Marks  appointed  under  sub-section  (1)  of  section  3  of  the  Trade  Marks  Act,  1999,  shall  be  the 
Registrar of Geographical Indications. 

(2) The Central Government may appoint such officers with such designations as it thinks fit for the 
purpose  of  discharging,  under  the  superintendence  and  direction  of  the  Registrar,  such  functions  of  the 
Registrar under this Act, as he may from time to time authorise them to discharge.  

4. Power of Registrar to withdraw or transfer cases, etc.—Without prejudice to the generality of 
the provisions of sub-section (2) of section 3, the Registrar may, by order in writing and for reasons  to be 
recorded therein, withdraw any matter pending before an officer appointed under the said sub-section (2) 

1. Clause (p) omitted by Act 33 of 2021, s. 22 (w.e.f. 4-4-2021). 

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and  deal  with  such  matter himself either  de  novo  or  from  the  stage it  was  so  withdrawn  or  transfer the 
same  to  another  officer  so  appointed  who  may,  subject  to  special  directions  in  the  order  of  transfer, 
proceed with the matter either de novo or from the stage it was so transferred. 

5. Geographical  Indications Registry and offices thereof.—(1) For the purpose of this Act, there 

shall be established a Registry which shall be known as the Geographical Indications Registry. 

(2)  The  head  office  of  the  Geographical  Indications  Registry  shall  be  at  such  place  as  the  Central 
Government may, by notification in the Official Gazette, specify, and for the purpose of facilitating the 
registrations  of  geographical  indications,  there  may  be  established  at  such  places  as  the  Central 
Government may think fit branch offices of the Geographical Indications Registry. 

(3) The Central Government may, by notification in the Official  Gazette, define the territorial limits 

within which an office of the Geographical Indications Registry may exercise its functions. 

(4) There shall be a seal of the Geographical Indications Registry. 

6. Register of Geographical Indications.—For the purposes of this Act, a record called the Register 
of  geographical  indications  shall  be  kept  at  the  head  office  of  the  Geographical  Indications  Registry, 
wherein  shall  be  entered  all  registered  geographical  indications  with  the  names,  addresses  and 
descriptions of the proprietors, the names , addresses and descriptions of authorised users and such other 
matters  relating  to  registered  geographical  indications  as  may  be  prescribed  and  such  registers  may  be 
maintained wholly or partly on computer. 

(2) Notwithstanding anything contained in sub-section (1), it shall be lawful for the Registrar to keep 
the records wholly or partly in computer floppies or diskettes or in any other electronic form, subject to 
such safeguards as may be prescribed. 

(3)  Where  such  register  is  maintained  wholly  or  partly  in  computer  floppies  or  diskettes  or  in  any 
other electronic form under sub-section (2), any reference in this Act to any entry in the register shall be 
construed  as  the  reference  to  the  entry  as  maintained  on  computer  floppies  or  diskettes  or  in  any  other 
electronic form, as the case may be. 

(4) No notice of any trust, express or implied or constructive, shall be entered in the register and no 

such notice shall be receivable by the Registrar. 

(5) Subject to the superintendence and direction of the Central Government, the register shall be kept 

under the control and management of the Registrar. 

(6) There shall be kept at each branch office of the Geographical Indications Registry a copy of the 
register  and  such  other  documents  mentioned  in  section  78  as  the  Central  Government  may,  by 
notification in the Official Gazette, direct. 

7. Part A and Part B of the register.—(1) The register referred to in section 6 shall be divided 

into two Parts called respectively Part A and Part B. 

(2) The particulars relating to the registration of the geographical indications shall be incorporated and 

form Part A of the register in the prescribed manner. 

(3) The particulars relating to the registration of the authorised users shall be incorporated and form 

part of Part B of the register in the prescribed manner. 

8. Registration to be in respect of particular goods and area.—(1) A geographical indication may 
be registered in respect of any or all of the goods, comprised in such class of goods as may be classified 
by the Registrar and in respect of a definite territory of a country, or a region or locality in that territory, 
as the case may be. 

(2) The Registrar shall classify the goods under sub-section (1), as far as may be, in accordance with 

the International classification of goods for the purposes of registration of geographical indications. 

(3)  The  Registrar  may  publish  in  the  prescribed  manner  an  alphabetical  index  of  classification  of 

goods referred to in sub-section (2). 

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(4) Any question arising as to the class within which any goods fall or the definite area as referred to 
in sub-section (1) in respect of which the geographical indication is to be registered or where any goods 
are not specified in the alphabetical index of goods published under sub-section (3) shall be determined by 
the Registrar whose decision in the matter shall be final.  

9. Prohibition of registration of certain geographical indications.—A geographical indication— 

(a) the use of which would be likely to deceive or cause confusion; or 

(b) the use of which would be contrary to any law for the time being in force; or  

(c) which comprises or contains scandalous or obscene matter; or  

(d) which comprises or contains any matter likely to hurt the religious susceptibilities of any class 

or section of the citizens of India; or  

(e) which would otherwise be disentitled to protection in a court; or  

(f)  which  are  determined to  be  generic  names  or indications  of  goods  and are,  therefore,  not  or 

ceased to be protected in their country of origin, or which have fallen into disuse in that country; or 

(g)  which,  although  literally  true  as  to  the  territory,  region  or  locality  in  which  the  goods 
originate, but falsely represent to the persons that the goods originate in another territory,  region or 
locality, as the case may be,  

shall not be registered as a geographical indication. 

Explanation 1.—For the purposes of this section, “generic names or indications”, in relation to goods, 
means  the  name  of  a  goods  which,  although  relates  to  the  place  or  the  region  where  the  goods  was 
originally produced or manufactured, has lost its original meaning and has become the common name of 
such  goods  and  serves  as  a  designation  for  or  indication  of  the  kind,  nature,  type  or  other  property  or 
characteristic of the goods. 

Explanation 2.—In determining whether the name has become generic, account shall be taken of all 
factors including the existing situation in the region or place in which the name originates and the area of 
consumption of the goods.  

10. Registration of homonymous geographical indications.—Subject to the provisions of section 7, 
a homonymous geographical indication may be registered under this Act, if the Registrar is satisfied, after 
considering  the  practical  conditions  under  which  the  homonymous  indication  in  question  shall  be 
differentiated  from  other  homonymous  indications  and  the  need  to  ensure  equitable  treatment  of  the 
producers of the goods concerned, that the consumers of such goods shall not be confused or misled in 
consequence of such registration.  

CHAPTER III 

PROCEDURE FOR AND DURATION OF REGISTRATION 

11. Application for registration.—(1) Any association of persons or producers or any organisation 
or  authority  established  by  or  under any  law  for the  time  being  in force representing the  interest  of the 
producers of the concerned goods, who are desirous of registering a geographical indication in relation to 
such goods shall apply in writing to the Registrar in such form and in such manner and accompanied by 
such fees as may be prescribed for the registration of the geographical indication. 

(2) The application under sub-section (1) shall contain— 

(a) a statement as to how the geographical indication serves to designate the goods as originating 
from the concerned territory of the country or region or locality in the country, as the case may be, in 
respect  of  specific  quality,  reputation  or  other  characteristics  of  which  are  due  exclusively  or 
essentially  to  the  geographical  environment,  with  its  inherent  natural  and  human  factors,  and  the 
production, processing or preparation of which takes place in such territory, region or locality, as the 
case may be; 

(b) the class of goods to which the geographical indication shall apply; 

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(c)  the  geographical  map  of  the  territory  of  the  country  or  region  or  locality  in  the  country  in 

which the goods orginate or are being manufactured; 

(d)  the  particulars  regarding  the  appearance  of  the  geographical  indication  as  to  whether  it  is 

comprised of the words or figurative elements or both; 

(e)  a  statement  containing  such  particulars  of  the  producers  of  the  concerned  goods,  if  any, 
proposed  to  be  initially  registered  with  the  registration  of  the  geographical  indication  as  may  be 
prescribed; and  

(f) such other particulars as may be prescribed. 

(3) A single application may be made for registration of a geographical indication for different classes 

of goods and fee payable therefor shall be in respect of each such class of goods. 

(4) Every application under sub-section (1) shall be filed in the office of the Geographical Indications 
Registry within whose territorial limits, the territory of the country or the region or locality in the country 
to which the geographical indication relates is situated: 

Provided that where such territory, region or locality, as the case may be, is not situated in India, the 
application  shall  be  filed  in  the  office  of  the  Geographical  Indications  Registry  within  whose territorial 
limits the place mentioned in the address for services in India as disclosed in the application, is situated.  

(5)  Every  applications  under  sub-section  (1)  shall  be  examined  by  the  Registrar  in  such  manner  as 

may be prescribed. 

(6)  Subject  to  the  provisions  of  this  Act,  the  Registrar  may  refuse  the  application  or  may  accept  it 

absolutely or subject to such amendments, modification, conditions or limitations, if any, as he thinks fit. 

(7) In the case of refusal or conditional acceptance of application, the Registrar shall record in writing 
the  grounds  for  such  refusal  or  conditional  acceptance  and  the  materials  used  by  him  in  arriving  at  his 
decision.  

12. Withdrawal of acceptance.—Where, after the acceptance of an application for registration of a 

geographical indication but before its registration, the Registrar is satisfied,— 

(a) that the application has been accepted in error, or 

(b) that in the circumstances of the case the geographical indication should not be registered or 
should be registered subject to conditions or limitations or to conditions additional to or different from 
the conditions or limitations subject to which the application has been accepted,  

the Registrar may, after hearing the applicant if he so desires, withdraw the acceptance and proceed as if 
the application had not been accepted. 

13.  Advertisement  of  application.—(1)  When  an  application  for  registration  of  a  geographical 
indication  has  been  accepted,  whether  absolutely  or  subject  to  conditions  or  limitations,  the  Registrar 
shall, as soon as may be after acceptance, cause the application as accepted together with the conditions or 
limitations,  if  any,  subject  to  which  it  has  been  accepted,  to  be  advertised  in  such  manner  as  may  be 
prescribed. 

(2) Where after advertisement of an application— 

(a) an error in the application has been corrected; or 

(b) the application has been permitted to be amended under section 15,  

the Registrar may, in his discretion cause the application to be advertised again or instead of causing the 
application to be advertised again, notify in the prescribed manner, the correction made in the application.  

14.  Opposition  to  registration.—(1)  Any  person  may,  within  three  months  from  the  date  of 
advertisement  or  readvertisement  of  an  application  for  registration  or  within  such  further  period,  not 
exceeding one month, in the aggregate, as the Registrar, on application made to him in such manner and 
on payment of such fee as may be prescribed allows, give notice in writing in the prescribed manner to the 
Registrar, of opposition to the registration. 

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(2)  The  Registrar  shall  serve  a  copy  of  the  notice  on  the  applicant  for  registration  and,  within  two 
months from the receipt by the applicant of such copy of the notice of opposition, the applicant shall sent 
to the  Registrar  in  the  prescribed  manner  a  counter-statement  of the  grounds  on  which  he  relies for  his 
application, and if he does not do so, he shall be deemed to have abandoned his application. 

(3)  If  the  applicant  sends  such  counter-statement,  the  Registrar  shall  serve  a  copy  thereof  on  the 

person giving notice of opposition. 

(4)  Any  evidence  upon  which  the  opponent  and  the  applicant  may  rely  shall  be  submitted  in  such 
manner and within the such time as may be prescribed to the Registrar, and the Registrar shall give an 
opportunity to them to be heard, if they so desire. 

(5) The Registrar shall, after hearing the parties, if so required, and considering the evidence, decide 
whether and subject to what conditions or limitations, if any, the registration is to be permitted, and may 
take into account a ground of objection whether relied upon by the opponent or not. 

(6)  Where  a  person  giving  notice  of  opposition  or  an  applicant  sending  a  counter-statement  after 
receipt of a copy of such notice neither resides nor carries on business in India, the Registrar may require 
him  to  give  security  for  the  costs  of  proceeding  before  him,  and  in  default  of  such  security  being  duly 
given, may treat the opposition or application, as the case may be, as abandoned. 

(7) The Registrar may, on request, permit correction of any error in, or any amendment of, a notice of 

opposition or a counter-statement on such terms as he thinks just.  

15. Correction and amendment.—The Registrar may, on such terms, as he thinks just, at any time, 
whether  before  or  after  acceptance  of  an  application  for  registration  under  section  11,  permit  the 
correction of any error or in connection with the application or permit an amendment of the application: 

Provided  that  if  an  amendment  is  made  to  a  single  application  referred  to  in  sub-section  (3)  of     

section 11 involving division of such application into two or more applications, the date of making of the 
initial application shall be deemed to be the date of making of the divided applications so divided. 

16. Registration.—(1) Subject to the provisions of section 12, when an application for registration of 

a geographical indication has been accepted and either— 

(a) the application has not been opposed and the time for notice of opposition has expired; or 

(b)  the  application  has  been  opposed  and  the  opposition  has  been  decided  in  favour  of  the 

applicant,  

the  Registrar  shall,  unless  the  Central  Government  otherwise  directs,  register  the  said  geographical 
indication and the authorised users, if any, mentioned in the application and the geographical indication 
and  the  authorised  users  when  registered  shall  be  registered  as  of  the  date  of  the  making  of  the  said 
application  and  that  date  shall,  subject  to  the  provisions  of  section  84,  be  deemed  to  be  the  date  of 
registration. 

(2) On the registration of a geographical indication, the Registrar shall issue each to the applicant and 
the authorised users, if registered with the geographical indication, a certificate in such form as may be 
prescribed of the registration thereof, sealed with the seal of the Geographical Indications Registry. 

(3) Where registration of a geographical indication is not completed within twelve months from the 
date of the application by reason of default on the part of the applicant, the Registrar may, after giving 
notice to the applicant in the prescribed manner, treat the application as abandoned unless it is completed 
within the time specified in that behalf in the notice. 

(4) The Registrar may amend the register or a certificate of registration for the purpose of correcting a 

clerical error or an obvious mistake.  

17. Application for registration as authorised user.—(1) Any person claiming to be the producer 
of the goods in respect of which a geographical indication has been registered under section 16 may apply 
in  writing  to  the  Registrar  in  the  prescribed  manner  for  registering  him  as  an  authorised  user  of  such 
geographical indication. 

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(2) The application under sub-section (1) shall be accompanied by a statement and such documents of 
facts  as  may  be  prescribed  and required  by  the  Registrar to  determine  as to  whether  such  person is the 
producer of the goods referred to in that sub-section and such fee as may be prescribed.  

(3) The provisions of this Chapter relating to— 

(a) the filing and examination of the application; 

(b) the refusal and acceptance of registration; 

(c) withdrawal of acceptance of application; 

(d) advertisement of application; 

(e) opposition to registration; 

(f) correction or error in an amendment of the application; and 

(g) registration,  

shall apply in respect of the application and registration of authorised users referred to in sub-section (1) 
in the same manner as they apply for the application for registration and registration of the geographical 
indication.  

18.  Duration,  renewal,  removal  and  restoration  of  registration.—(1)  The  registration  of  a 
geographical  indication  shall  be  for  a  period  of  ten  years,  but  may  be  renewed  from  time  to  time  in 
accordance with the provisions of this section.  

(2) The registration of an authorised user shall be for a period of ten years or for the period till the date 
on  which  the  registration  of  the  geographical  indication  in  respect  of  which  the  authorised  user  is 
registered expires, whichever is earlier. 

(3) The Registrar shall, on application made in the prescribed manner, by the registered proprietor or 
by the authorised user and within the prescribed period and subject to the payment of the prescribed fee, 
renew the registration of the geographical indication or authorised user, as the case may be, for a period of 
ten years from the date of expiration of the original registration or of the last renewal of registration, as 
the case may be (which date is in this section referred to as the expiration of the last registration). 

(4) At the prescribed time before the expiration of the last registration of a geographical indication or 
the authorised  user,  as the case  may  be,  the  Registrar  shall send notice  in  the  prescribed  manner to the 
registered  proprietor  or  the  authorised  user,  as  the  case  may  be,  of  the  date  of  expiration  and  the 
conditions  as  to  payment  of  fees  and  otherwise  upon  which  a  renewal  of  registration  may  be  obtained, 
and, if at the expiration of time prescribed in that behalf those conditions have not been duly complied 
with,  the  Registrar  may  remove  the  geographical indication  or  the  authorised  user,  as  the  case  may  be, 
from the register: 

Provided that the Registrar shall not remove the geographical indication or the authorised user, as the 
case may be, from the register, if an application is made in the prescribed form and the prescribed fee and 
surcharge  is  paid  within  six  months  from  the  expiration  of  the  last  registration  of  the  geographical 
indication  or  the  authorised  user,  as  the  case  may  be,  and  shall  renew  the  registration  of  geographical 
indication or the authorised user, as the case may be, for a period of ten years under sub-section (3). 

(5) Where a geographical indication or authorised user, as the case may be, has been removed from the 
register for non-payment of the prescribed fee, the Registrar shall, after six months and within one year 
from the expiration of the last registration of the geographical indication or the authorised user, as the case 
may  be,  on  receipt  of  an  application  in  the  prescribed  form  and  on  payment  of  the  prescribed  fee,  if 
satisfied that it is just so to do, restore the geographical indication or the authorised user, as the case may 
be, to the register and renew registration of the geographical indication or authorised user, as the case may 
be, either generally or subject to such condition or limitation as he thinks fit to impose, for a period of ten 
years from the expiration of the last registration. 

19.  Effect  of  removal  from  register  for  failure  to  pay  fee  for  renewal.—Where  a  geographical 
indication has been removed from the register for failure to pay the fee for renewal, it shall nevertheless, 
for the purpose of any application for the registration of another geographical indication during   one year,  
10 

 
 
next after the date of removal, be deemed to be a geographical indication already on the register, unless 
the 1[Registrar or the High Court, as the case may be,] is satisfied either— 

(a)  that  there  has  been  no  bona  fide  trade  use  of  the  geographical  indication  which  has  been 

removed within the two years immediately preceding its removal; or  

(b)  that  no  deception  or  confusion  would  be  likely  to  arise  from  the  use  of  the  geographical 
indication which is the subject of the application for registration by reason of any previous use of the 
geographical indication which has been removed.  

CHAPTER IV 

EFFECT OF REGISTRATION 

20. No action for infringement of unregistered geographical indication.—(1) No person shall be 
entitled  to  institute  any  proceeding  to  prevent,  or  to  recover  damages  for,  the  infringement  of  an 
unregistered geographical indication. 

(2) Nothing in this Act shall be deemed to affect rights of action against any person for passing off 

goods as the goods of another person or the remedies in respect thereof. 

21.  Rights  conferred  by  registration.—(1)  Subject  to  the  other  provisions  of  this  Act,  the 

registration of a geographical indication shall, if valid, give,— 

(a)  to  the  registered  proprietor  of  the  geographical  indication  and  the  authorised  user  or  users 
thereof  the  right  to  obtain  relief  in  respect  of  infringement  of  the  geographical  indication  in  the 
manner provided by this Act; 

(b) to the authorised user thereof the exclusive right to the use of the geographical indication in 

relation to the goods in respect of which the geographical indication is registered. 

(2)  The  exclusive  right  to  the  use  of  a  geographical  indication  given  under  clause  (b)  of                            

sub-section (1) shall be subject to any condition and limitation to which the registration is subject. 

(3) Where two or more persons are authorised users of geographical indications, which are identical 
with or nearly resemble each other, the exclusive right to the use of any of those geographical indications 
shall not (except so far as their respective rights are subject to any conditions or limitations entered on the 
register)  be  deemed  to  have  been  acquired  by  anyone  of  those  persons  as  against  any  other  of  those 
persons merely by registration of the geographical indications, but each of those persons has otherwise the 
same rights as against other persons as he would have if he were the sole authorised user. 

22. Infringement or registered geographical indications.—(1) A registered geographical indication 

is infringed by a person who, not being an authorised user thereof,— 

(a) uses such geographical indication by any means in the designations or presentation of goods 
that indicates or suggests that such goods originate in a geographical area other than the true place of 
origin  of  such  goods  in  a manner  which  misleads the  persons  as  to  the  geographical  origin  of such 
goods; or 

(b)  uses  any  geographical  indication  in  such  manner  which  constitutes  an  act  of  unfair 

competition including passing off in respect of registered geographical indication. 

Explanation  1.—For  the  purposes  of  this  clause,  “act  of  unfair  competition”  means  any  act  of 

competition contrary to honest practices in industrial or commercial matters.  

Explanation 2.—For the removal of doubts, it is hereby clarified that the following acts shall be 

deemed to be acts of unfair competition, namely:— 

(i)  all  acts  of  such  a  nature  as  to  create  confusion  by  any  means  whatsoever  with  the 

establishment, the goods or the industrial or commercial activities, of a competitor; 

(ii) false allegations in the course of trade of such a nature as to discredit the establishment, 

the goods or the industrial or commercial activities, of a competitor; 

1. Subs. by Act 33 of 2021, s. 22, for “tribunal” (w.e.f. 4-4-2021). 
11 

 
                                                 
(iii) geographical indications, the use of which in the course of trade is liable to mislead the 
persons  as  to  the  nature,  the  manufacturing  process,  the  characteristics,  the  suitability  for  their 
purpose, or the quantity, of the goods; 

(c)  uses  another  geographical  indication  to  the  goods  which,  although  literally  true  as  to  the 
territory,  region  or  locality  in  which  the  goods  originate,  falsely  represents  to  the  persons  that  the 
goods  originate  in  the  territory,  region  or  locality  in  respect  of  which  such  registered  geographical 
indication relates. 

(2) The Central Government may, if it thinks necessary so to do for providing additional protection to 
certain  goods  or  classes  of  goods  under  sub-section  (3),  by  notification  in  the  Official  Gazette,  specify 
such goods or class or classes of goods, for the purposes of such protection. 

(3) Any person who is not an authorised user of a geographical indication registered under this Act in 
respect  of  the  goods  or  any  class  or  classes  of  goods  notified  under  sub-section  (2),  uses  any  other 
geographical indication to such goods or class or classes of goods not originating in the place indicated by 
such  other  geographical  indication  or  uses  such  other  geographical  indication to  such  goods  or  class  or 
classes of goods even indicating the true origin of such goods or uses such other geographical indication 
to  such  goods  or  class  or  classes  of  goods  in  translation  of  the  true  place  of  origin  or  accompanied  by 
expression  such  as  “kind”,  “style”,  “imitation”  or  the  like  expression,  shall  infringe  such  registered 
geographical indication. 

(4)  Notwithstanding  anything  contained  in  this  section,  where  the  goods  in  respect  of  which  a 
geographical  indication  has  been registered  are  lawfully  acquired  by  a  person  other than  the  authorised 
user of such geographical indication, further dealings in those goods by such person including processing 
or  packaging,  shall  not  constitute  an  infringement  of  such  geographical  indication,  except  where  the 
condition of goods is impaired after they have been put in the market.  

23. Registration to be prima facie evidence of validity.—(1) In all legal proceedings relating to a 
geographical  indication,  the  certificate  of  registration  granted  in  this  regard  by  the  Registrar  under  this 
Act, being a copy of the entry in the register under the seal of the Geographical Indications Registry, shall 
be  prima  facie  evidence  of  the  validity  thereof  and  be  admissible  in  all  courts  1[before  whom]  without 
further proof or production of the original. 

(2) Nothing in this section shall be deemed to be affect the right of action in respect of an unregistered 

geographical indication.  

24.  Prohibition  of  assignment  or  transmission,  etc.—Notwithstanding  anything  contained  in  any 
law for the time being in force, any right to a registered geographical indication shall not be the subject 
matter of assignment, transmission, licensing, pledge, mortgage or any such other agreement: 

Provided that on the death of an authorised user his right in a registered geographical indication shall 

devolve on his successor in title under the law for the time being in force.  

SPECIAL PROVISIONS RELATING TO TRADE MARKS AND PRIOR USERS 

CHAPTER V 

25.  Prohibition  of  registration  of  geographical  indication  as  trade  mark.—Notwithstanding 
anything contained in the Trade Marks Act, 1999 (47 of 1999), the Registrar of Trade Marks referred to in 
section  3  of  that  Act,  shall,  suo  motu  or  at  the  request  of  an  interested  party,  refuse  or  invalidate  the 
registration of a trade mark which— 

(a) contains or consists of a geographical indication with respect to the goods or class or classes 
of goods not originating in the territory of a country, or a region or locality in that territory which such 
geographical indication indicates, if use of such geographical indications in the trade mark for such 
goods, is of such a nature as to confuse or mislead the persons as to the true place of origin of such 
goods or class or classes of goods; 

(b) contains or consists of a geographical indication identifying goods or class or classes of goods 

notified under sub-section (2) of section 22.  

1. Subs. by Act 33 of 2021, s. 22, for “and before the Appellate Board”  (w.e.f. 4-4-2021) 

12 

 
                                                 
26.  Protection  to  certain  trade  marks.—(1)  Where  a  trade  mark  contains  or  consists  of  a 
geographical indication and has been applied for or registered in good faith under the law relating to trade  
marks for the time being in force, or where rights to such trade mark have been acquired through use in 
good faith either— 

(a) before the commencement of this Act; or  
(b) before the date of filing the application for registration of such geographical indication under 

this Act,  

nothing  contained in this Act  shall  prejudice the  registrability  or  the  validity  of  the registration  of  such 
trade mark under the law relating to the trade marks for the time being in force, or the right to use such 
trade mark, on the ground that such trade mark is identical with or similar to such geographical indication. 
(2) Nothing contained in this Act shall apply in respect of a geographical indication with respect to 
goods  or  class  or  classes  of  goods  for  which  such  geographical  indication  is  identical  with  the  term 
customary in common language as the common name of such goods in any part of India on or before the 
1st day of January, 1995. 

(3)  Nothing  contained  in  this  Act  shall  in  any  way  prejudice  the  right  of  any  person  to  use,  in  the 
course  of trade, that  person’s  name  or  the  name  of  that  person’s  predecessor  in  business, except  where 
such name is used in such a manner as to confuse or mislead the people. 

(4) Notwithstanding anything contained in the Trade Marks Act, 1999 (47 of 1999) or in this Act, no 
action  in  connection  with  the  use  or  registration  of  a  trade  mark  shall  be  taken  after  the  expiry  of  five 
years  from  the  date  on  which  such  use  or  registration  infringes  any  geographical  indication  registered 
under this Act has become known to the registered proprietor or authorised user registered in respect of 
such geographical indication under this Act or after the date of registration of the trade mark under the 
said Trade Marks Act subject to the condition that the trade mark has been published under the provisions 
of the said Trade Marks Act, 1999 or the rules made thereunder by that date, if such date is earlier than the 
date  on  which  such  infringement  became  known  to  such  proprietor  or  authorised  user  and  such 
geographical indication is not used or registered in bad faith.  
CHAPTER VI 
RECTIFICATION AND CORRECTION OF THE REGISTER 

27. Power to cancel or vary registration and to rectify the register.—(1) On application made in 
the prescribed manner to the 1[High Court] or to the Registrar by any person aggrieved, the 2[Registrar or 
the High Court, as the case may be,] may make such order as it may think fit for cancelling or varying the 
registration of a geographical indication or authorised user on the ground of any contravention, or failure 
to observe the condition entered on the register in relation thereto. 

(2) Any person aggrieved by the absence or omission from the register of any entry, or by any entry 
made in the register without sufficient cause, or by any entry wrongly remaining on the register, or by any 
error or defect in any entry in the register, may apply in the prescribed manner to the  1[High Court] or to 
the  Registrar,  and  the  2[Registrar  or  the  High  Court,  as  the  case  may  be,]  may  make  such  order  for 
making, expunging or varying the entry as it may think fit. 

(3) The 2[Registrar or the High Court, as the case may be,] may in any proceeding under this section 
decide any question that may be necessary or expedient to decide in connection with the rectification of 
the register. 

(4)  The  2[Registrar  or  the  High  Court,  as  the  case  may  be,],  of  its  own  motion,  may,  after  giving 
notice  in  the  prescribed  manner to the  parties  concerned  and  after  giving  them  an  opportunity  of  being 
heard, make any order referred to in sub-section (1) or sub-section (2). 

(5) Any order of the  1[High Court] rectifying the register shall direct that notice of the rectification 
shall be served upon the Registrar in the prescribed manner who shall upon receipt of such notice rectify 
the register accordingly.  

28.  Correction  of register.—The  Registrar  may,  on  application  made  in  the  prescribed  manner  by 

the registered proprietor or the authorised user,— 

1. Subs. by Act 33 of 2021, s. 22, for “Appellate Board” (w.e.f. 4-4-2021). 
2. Subs. by s. 22. ibid., for “tribunal” (w.e.f. 4-4-2021). 

13 

 
                                                 
(a)  correct  any  error  in  the  name,  address  or  description  of  the  registered  proprietor  or  the 
authorised  user,  as the case  may  be,  of  a  geographical  indication, or  any  other entry  relating  to  the 
geographical indication on the register; 

(b)  enter  any  change  in  the  name,  address  or  description  of  the  association  of  persons  or  of 
producers  or any  ogranisation or  authority,  as the  case  may  be,  who is  registered  as  proprietor  of a 
geographical indication on the register; 

(c) cancel the entry of a geographical indication on the register; 
(d) strike out any goods or class or classes of goods from those in respect of which a geographical 

indication is registered from the register,  

and  may  make  any  consequential  amendment  or alteration  in  the certificate  of  registration, and for  that 
purpose, may require the certificate of registration to be produced to him.  

29.  Alteration  of  registered  geographical  indications.—(1)  The  registered  proprietor  of  a 
geographical indication may apply in the prescribed manner to the Registrar for leave to add to or alter the 
geographical  indication  in any  manner  not  substantially  affecting  the  identity  thereof,  and the  Registrar 
may refuse leave or may grant it on such terms and subject to such limitations as he may think fit. 

(2)  The  Registrar  may  cause  an  application  under  this  section  to  be  advertised  in  the  prescribed 
manner in any case where it appears to him that it is expedient so to do, and where he does so, if within 
the  prescribed  time  from  the  date  of  the  advertisement  any  person  gives  notice  to  the  Registrar  in  the 
prescribed manner of the opposition to the application, the Registrar shall, after hearing the parties if  so 
required, decide the matter. 

(3)  Where  leave  is  granted  under  this  section,  the  geographical  indication  as  altered  shall  be 

advertised  in  the  prescribed  manner,  unless  the  application  has  already  been  advertised  under               
sub-section (2).  

30.  Adaptation  of  entries  in  register  to  amend  or  substitute  classification  of  goods.—(1)  The 
Registrar shall not make any amendment of the register which would have the effect of adding any goods 
or classes of goods to those in respect of which a geographical indication is registered (whether in one or 
more  classes)  immediately  before  the  amendment  is  to  be  made  or  antedating  the  registration  of  a 
geographical indication in respect of any goods: 

Provided  that  this  sub-section,  shall  not  apply  when  the  Registrar  is  satisfied  that  compliance 
therewith  would involve  complexity  and that the  addition  or  antedating,  as  the case  may  be,  would  not 
affect any substantial quantity of goods and would not substantially prejudice the rights of any person. 

(2) A proposal so to amend the register shall be brought to the notice of the registered proprietor and 
every authorised user of the geographical indication affected and advertised in the prescribed manner, and 
may be opposed before the Registrar by any person aggrieved on the ground that the proposed amendment 
contravenes the provisions of sub-section (1).  

CHAPTER VII 
1[APPEALS] 

31.  Appeals  to  the  2[High  Court].—(1)  Any  person  aggrieved  by  an  order  or  decision  of  the 
Registrar under this Act, or the rules made thereunder, may prefer an appeal to the  2[High Court] within 
three months from the date on which the order or decision sought to be appealed against is communicated 
to such person preferring the appeal. 

(2)  No  appeal  shall  be  admitted  if  it  is  preferred  after  the  expiry  of  the  period  specified  under                     

sub-section (1):  

Provided  that  an  appeal  may  be  admitted  after  the  expiry  of  the  period  specified  therefore,  if  the 
appellant satisfies the  2[High Court] that he had sufficient cause for not preferring the appeal within the 
specified period. 

1. Subs. by Act 33 of 2021, s. 22, for “APPEALS TO THE APPELLATE BOARD” (w.e.f. 4-4-2021). 
2. Subs. by s. 22, ibid., for “Appellate Board” (w.e.f. 4-4-2021). 

14 

 
 
 
                                                 
1* 

* 

* 

* 

* 

32. [Bar of jurisdiction of courts, etc.]—Omitted by The Tribunals Reforms Act, 2021 (33 of 2021), s. 

22 (w.e.f. 4-4-2021). 

33. [Procedure of the Appellate Board.]—Omitted by s. 22, ibid. (w.e.f. 4-4-2021). 

34. Procedure for application for rectification, etc., before 2[High Court].—(1) An application for 
rectification of the register made to the  2[High Court] under section 27 shall be in such form as may be 
prescribed. 

(2)  A  certified  copy  of  every  order  or  judgment  of  the  2[High  Court]  relating  to  a  registered 
geographical indication under this Act shall be communicated to the Registrar by the  2[High Court] and 
the Registrar shall give effect to the order of the Board and shall, when so directed, amend the entries in, 
or rectify, the register in accordance with such order. 

35. Appearance of Registrar in legal proceedings.—(1) The Registrar shall have the right to appear 

and be heard— 

 (a)  in  any  legal  proceedings  before  the  2[High  Court]  in  which  the  relief  sought  includes 
alteration  or  rectification  of  the  register  or  in  which  any  question  relating  to  the  practice  of  the 
Geographical Indications Registry is raised; 

(b) in any appeal to the Board from an order of the Registrar on an application for registration of a 

geographical indication or authorised user— 

(i) which is not opposed, and the application is either refused by the Registrar or is accepted 

by him subject to any amendments, modifications, conditions or limitations, or  

(ii) which has been opposed and the Registrar considers  that his appearance is necessary in 

the public interest,  

and the Registrar shall appear in any case if so directed by the Board. 

(2)  Unless  the  2[High  Court]  otherwise  directs,  the  Registrar  may,  in  lieu  of  appearing,  submit  a 
statement in writing signed by him, giving such particulars as he thinks proper of the proceedings before 
him relating to the matter in issue or of the grounds of any decision given by him affecting it, or of the 
practice of the Geographical Indications Registry in like cases, or of  other matters relevant to the issues 
and within his knowledge as Registrar, and such statement shall be evidence in the proceeding.  

36. [Costs of Registrar in proceedings before Appellate Board.]—Omitted by The Tribunal Reforms 

Act 2021 (33 of 2021), s. 22 (w.e.f. 4-4-2021). 

CHAPTER VIII 

OFFENCES, PENALTIES AND PROCEDURE 

37.  Meaning  of  applying  geographical  indications.—(1)  A  person  shall  be  deemed  to  apply  a 

geographical indication to goods who— 

(a) applies it to the goods themselves; or 

(b) applies it to any package in or with which the goods are sold, or exposed for sale, or had in 

possession for sale or for any purpose of trade or manufacture; or 

(c)  places,  encloses  or  annexes  any  goods  which  are  sold,  or  exposed  for  sale,  or  had  in 
possession for sale or for any purpose of trade or manufacture, in or with any package or other thing 
to which a geographical indication has been applied; or  

(d) uses a geographical indication in any  manner reasonably likely to lead to the belief that the 
goods in connection with which it is used are designated or described by that geographical indication; 
or  

1. Sub-section (3) omitted by Act 33 of 2021, s. 22 (w.e.f. 4-4-2021). 
2. Subs. by s. 22, ibid., for “Appellate Board” (w.e.f. 4-4-2021). 

15 

 
 
 
 
 
 
 
 
 
                                                 
(e)  in  relation  to  the  goods  uses  a  geographical  indication  in  any  sign,  advertisement,  invoice, 
catalogue,  business  letter,  business  paper,  price  list  or  other  commercial  documents  and  goods  are 
delivered  to  a  person  in  pursuance  of  a  request  or  order  made  by  reference  to  the  geographical 
indication as so used. 

(2)  A  geographical  indication  shall  be  deemed  to  be  applied  to  goods  whether  it  is  woven  in, 
impressed on, or otherwise worked into, or annexed or affixed to, the goods or to any package or other 
thing. 

38.  Falsifying  and  falsely  applying  geographical  indications.—(1)  A  person  shall  be  deemed  to 

falsify a geographical indication who, either,— 

(a)  without  the  assent  of  the  authorised  user  of  the  geographical  indication  makes  that 

geographical indication or deceptively similar geographical indication; or  

(b)  falsifies  any  genuine  geographical indication,  whether  by  alteration,  addition,  effacement  or 

otherwise.  

(2)  A  person  shall  be  deemed  to  falsely  apply  to  goods  a  geographical  indication  who,  without  the 

assent of the authorised user of the geographical indication,— 

(a) applies such geographical indication or a deceptively similar geographical indication to goods 

or any package containing goods; 

(b)  uses  any  package  bearing  a  geographical  indication  which  is  identical  with  or  deceptively 
similar to the geographical indication of such authorised user, for the purpose of packing, filling or 
wrapping therein any goods other than the genuine goods of the authorised user of the geographical 
indication.  

(3)  Any  geographical  indication  falsified  as  mentioned  in  sub-section  (1)  or  falsely  applied  as 

mentioned in sub-section (2), is in this Act referred to as a false geographical indication. 

(4)  In  any  prosecution  for  falsifying  a  geographical  indication  or  falsely  applying  a  geographical 

indication to goods, the burden of proving the assent of proprietor shall lie on the accused.  

39. Penalty for applying false geographical indications.—Any person who,— 

(a) falsifies any geographical indication; or  

(b) falsely applies to goods any geographical indication; or 

(c) makes, disposes of, or has in his possession, any die, block, machine, plate or other instrument 

for the purpose of falsifying or of being used for falsifying, a geographical indication; or  

(d) applies to any goods to which an indication of the country or place in which they were made 
or  produced  or  the  name  and  the  address  of  the  manufacturer  or  person  for  whom  the  goods  are 
manufactured  is  required  to  be  applied  under  section  71,  a  false  indication  of  such  country,  place, 
name or address; or  

(e) tampers with, alters or effaces an indication of origin which has been applied to any goods to 

which it is required to be applied under section 71; or  

(f) causes any of the things above-mentioned in this section to be done, 

shall,  unless  he  proves  that  he  acted,  without  intent  to  defraud,  be  punishable  with  imprisonment  for  a 
term which shall not be less than six months but which may extend to three years and with fine which 
shall not be less than fifty thousand rupees but which may extend to two lakh rupees: 

Provided  that  the  court  may,  for  adequate  and  special  reasons  to  be  mentioned  in  the  judgment, 
impose a sentence of imprisonment for a term of less than six months or a fine of less than fifty thousand 
rupees.  

40. Penalty for selling goods to which false geographical indication is applied.—Any person who 
sells, lets for hire or exposes for sale, or hires or has in his possession for sale, goods or things to which 
any false geographical indication is applied or which, being required under section 71 to have applied to 

16 

 
them an indication of the country or place in which they were made or produced or the name and address 
of  the  manufacturer,  or  person  for  whom  the  goods  are  manufactured  or  without  the  indications  so 
required, shall, unless he proves,— 

(a)  that,  having  taken  all  reasonable  precautions  against  committing  an  offence  against  this 
section, he had at the time of commission of the alleged offence no reason to suspect the genuineness 
of the geographical indication or that any offence had been committed in respect of the goods; or  

(b) that, on demand by or on behalf of the prosecutor, he gave all the information in his power 

with respect to the person from whom he obtained such goods or things; or 

(c) that otherwise he had acted innocently,  

be punishable with imprisonment for a term which shall not be less than six months but which may extend 
to three years and with fine which shall not be less than fifty thousand rupees but which may extend to 
two lakh rupees: 

Provided  that  the  court  may,  for  adequate  and  special  reasons  to  be  mentioned  in  the  judgment, 
impose a sentence of imprisonment for a term of less than six months or a fine of less than fifty thousand 
rupees. 

41.  Enhanced  penalty  on  second  or  subsequent  conviction.—Whoever  having  already  been 
convicted  of  an  offence  under  section  39  or  section  40  is  again  convicted  of  any  such  offence  shall  be 
punishable for the second and for every subsequent offence, with imprisonment for a term which shall not 
be less than one year but which may extend to three years and with fine which shall not be less than one 
lakh rupees but which may extend to two lakh rupees: 

Provided that the court may, for adequate and special reason to be mentioned in the judgment, impose 

a sentence of imprisonment for a term of less than one year or a fine of less than one lakh rupees: 

Provided further that for the purposes of this section, no cognizance shall be taken of any conviction 

made before the commencement of this Act. 

42. Penalty for falsely representing a geographical indication as registered.—(1) No person shall 

make any representation— 

(a) with respect to a geographical indication, not being a registered geographical indication, to the 

effect that it is a registered geographical indication; or  

(b) to the effect that a registered geographical indication is registered in respect of any goods in 

respect of which it is not in fact registered; or  

(c) to the effect that registration of a geographical indication gives an exclusive right to the use 
thereof  in  any  circumstances  in  which  having  regard  to  limitation  entered  on  the  register,  the 
registration does not in fact give that right. 

(2)  If  any  person  contravenes  any  of  the  provisions  of  sub-section  (1),  he  shall  be  punishable  with 

imprisonment for a term which may extend to three years, or with fine, or with both. 

(3)  For  the  purposes  of  this  section  the  use  in  India  in  relation  to  a  geographical  indication  of  the 
words “registered geographical indication” or any other expression, symbol or sign like “R.G.I.” referring 
whether expressly or impliedly to registration, shall be deemed to import a reference to registration in the 
register, except— 

(a) where that word or other expression, symbol or sign is used in direct association with other 
words  delineated  in  characters  at  least  as  large  as  those  in  which  that  word  or  other  expression, 
symbol  or  sign  is  delineated  and  indicating  that  the  reference  to  registration  as  a  geographical 
indication  under  the  law  of  a  country  outside  India  being  a  country  under  the  law  of  which  the 
registration referred to is in fact in force; or  

(b) where that other expression, symbol or sign is of itself such as to indicate that the reference is 

to such registration as is mentioned in clause (a); or  

17 

 
(c) where that word is used in relation to a geographical indication registered under the law of a 
country  outside  India  and  in  relation  solely  to  goods  to  be  exported  to  that  country  for  use  in  that 
country.  

43.  Penalty for  improperly  describing  a  place  of  business  as  connected with  the  Geographical 
Indications Registry.—If any person uses on his place of business, or on any document issued by him, or 
otherwise, words which would reasonably lead to the belief that his place of business is, or is officially 
connected  with,  the  Geographical  Indications  Registry,  he  shall  be  punishable  with  imprisonment  for  a 
term which may extend to two years, or with fine, or with both. 

44. Penalty for falsification of entries in the register.—If any person makes, or causes to be made, 
a  false  entry  in  the  register,  or  a  writing  falsely  purporting  to  be  a  copy  of  an  entry  in  the  register,  or 
produces or tenders or causes to be produced or tendered, in evidence any such writing, knowing the entry 
or  writing  to  be  false,  he  shall  be  punishable  with  imprisonment  for  a  term  which  may  extend  to  two 
years, or with fine, or with both.  

45.  No  offence  in  certain  cases.—The  provisions  of  sections  39,  40  and  41  shall  in  relation  to  a 
registered  geographical  indication  or  authorised  user  of  such  geographical  indication,  be  subject  to  the 
rights created or recognised by this Act and no act or omission shall be deemed to be an offence under the 
aforesaid sections if,— 

(a) the alleged offence relates to a registered geographical indication and the act or omission is 

permitted under this Act; and 

(b) the alleged offence relates to a registered geographical indication and the act or omission is 

permitted under any other law for the time being in force.  

46. Forfeiture of goods.—(1) Where a person is convicted of an offence under section 39 or section 
40 or section 41 or is acquitted of an offence under section 39 or section 40 on proof that he acted without 
intend or defraud, or under section 40 on proof of the matters specified in clause (a) or clause (b) or clause 
(c) of that section, the court convicting or acquitting him may direct the forfeiture to Government of all 
goods and things by means of, or in relation to, which the offence has been committed, or but for such 
proof as aforesaid would have been committed. 

(2) When a forfeiture is directed on a conviction and an appeal lies against the conviction, an appeal 

shall lie against the forfeiture also. 

(3) When, a forfeiture is directed on acquittal and the goods or things to which the direction relates 
are of value exceeding fifty rupees, an appeal against the forfeiture may be preferred, within thirty days 
from the date of the direction, to the court to which in appealable cases appeal lie from sentences of the 
court which directed the forfeiture. 

(4) When a forfeiture is directed on a conviction, the court, before whom the person is convicted, may 

order any forfeited articles to be destroyed or otherwise disposed of as the court thinks fit. 

47.  Exemption  of  certain  persons  employed  in  ordinary  course  of  business.—Where  a  person 

accused of an offence under section 39 proves,— 

(a) that in the ordinary course of his business he is employed on behalf of other persons to apply 
geographical  indications,  or  as  the  case  may  be,  to  make  dies,  blocks,  machines,  plates,  or  other 
instruments for making, or being used in making, geographical indications; 

(b) that in the case which is the subject of the charge he was so employed, and was not interested 

in the goods or other thing by way of profit or commission depend on the sale of such goods; 

(c) that, having taken all reasonable precautions against committing the offence charged, he had, 
at  the  time  of  the  commission  of  the  alleged  offence,  no  reason  to  suspect  the  genuineness  of  the 
geographical indication; and 

(d)  that,  on  demand  made  by  or  on  behalf  of the  prosecutor,  he  gave  all  the  information  in  his 

power with respect to the persons on whose behalf the geographical indication was applied,  

he shall be acquitted.  

18 

 
48. Procedure where invalidity of registration is pleaded by the accused.—(1) Where the offence 
charged under section 39 or section 40 or section 41 is in relation to a registered geographical indication 
and  the  accused  pleads  that  the  registration  of  the  geographical  indication  is  invalid,  the  following 
procedure shall be followed:— 

(a) if the court is satisfied that such defence is  prima facie tenable, it shall not proceed with the 
charge  but  shall  adjourn  the  proceeding  for  three  months  from  the  date  on  which  the  plea  of  the 
accused is recorded to enable the accused to file an application before the  1[High Court] under this 
Act, for the rectification of the register on the ground that the registration is invalid; 

(b) if the accused proves to the court that he has made such application within the time so limited 
or within such further time as the court may for sufficient cause allow, the further proceedings in the 
prosecution shall stand stayed till the disposal of such application for rectification; 

(c) if within a period of three months or within such extended time as may be allowed by the court 
the accused fails to apply to the 1[High Court] for rectification of the register, the court shall proceed 
with the case as if the registration were valid. 

(2)  Where  before  the  institution  of  a  complaint  of  an  offence  referred  to  in  sub-section  (1),  any 
application for the rectification of the register concerning the geographical indication in question on the 
ground of invalidity of the registration thereof has already been properly made to and is pending before 
the 2[Registrar or the High Court, as the case may be,] the court shall stay the further proceedings in the 
prosecution pending the disposal of the application aforesaid and shall determine the charge against the 
accused in conformity with the result of the application for rectification in so far as the complainant relies 
upon the registration of his geographical indication.  

49. Offences by companies.—(1) If the person committing an offence under this Act is a company, 
the company as well as every person in charge of, and responsible to, the company for the conduct of its 
business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall 
be liable to be proceeded against and punished accordingly: 

Provided  that  nothing  contained  in  this  sub-section  shall  render  any  such  person  liable  to  any 
punishment if he proves that the offence was committed without his knowledge or that he exercised all 
due diligence to prevent the commission of such offence. 

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been 
committed  by  a  company  and  it  is  proved  that  the  offence  has  been  committed  with  the  consent  or 
connivance  of,  or  that  the  commission  of  the  offence  is  attributable  to  any  neglect  on  the  part  of,  any 
director,  manager,  secretary  or  other  officer  of  the  company,  such  director,  manager,  secretary  or  other 
officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and  
punished accordingly.  

Explanation.—For the purposes of this section,— 

(a) “company” means any body corporate and includes a firm or other association of individuals; 

and 

(b) “director”, in relation to a firm, means a partner in the firm.  

50. Cognizance of certain offences and the powers of police officer for search and seizure.—(1) 
No  court  shall  take  cognizance  of  an  offence  under  section  42  or  section  43  or  section  44  except  on 
complaint in writing made by the Registrar or any officer authorised by him in writing: 

Provided that in relation to clause (b) of sub-section (1) of section 42, a court shall take a cognizance 
of  an  offence  on  the  basis  of  a  certificate  issued  by  the  Registrar  to  the  effect  that  a  registered 
geographical indication has been represented as registered in respect of any goods in respect of which it is 
not in fact registered. 

1. Subs. by Act 33 of 2021, s. 22, for “Appellate Board” (w.e.f. 4-4-2021). 
2. Subs. by s. 22, ibid., for “tribunal” (w.e.f. 4-4-2021). 

19 

 
                                                 
(2) No court inferior to that of a Metropolitan Magistrate or Judicial Magistrate of the first class shall 

try an offence under this Act. 

(3) The offences under section 39 or section 40 or section 41 shall be cognizable. 

(4) Any police officer not below the rank of deputy superintendent of police or equivalent, may, if he 
satisfied  that  any  of  the  offences  referred  to  in  sub-section  (3)  has  been,  is  being,  or  is  likely  to  be, 
committed, search and seize without warrant the goods, die, block, machine, plate, other instruments or 
things involved in committing the offence, wherever found, and all the articles so seized shall, as soon as 
practicable, be produced before the Judicial Magistrate of the first class or Metropolitan Magistrate, as the 
case may be: 

Provided that the police officer, before making any search and seizure, shall obtain the opinion of the 
Registrar  on the  facts  involved  in the  offence relating  to  geographical indication  and  shall abide by  the 
opinion so obtained. 

(5) Any person having an interest in any article seized under sub-section (4), may, within fifteen days 
of  such  seizure,  make  an  application  to  the  Judicial  Magistrate  of  the  first  class  or  Metropolitan 
Magistrate, as the case may be, for such article being restored to him and the Magistrate, after hearing the 
application and the prosecution, shall make such order on the application as he may deem fit.  

51. Costs of defence of prosecution.—In any prosecution under this Act, the court may order such 
costs  to  be  paid  by  the  accused  to  the  complainant,  or  by  the  complainant  to  the  accused,  as  the  court 
deemed reasonable having regard to all the circumstances of the case and the conduct of the parties  and 
the costs so awarded shall be recoverable as if they were a fine. 

52. Limitation of prosecution.—No prosecution for an offence under this Act shall be commenced 
after the expiration of three years next after the commission of the offence charged or two years after the 
discovery thereof by the prosecutor, whichever expiration first happens. 

53.  Information  as  to  commission  of  offence.—An  officer  of the  Government  whose duty it  is to 
take part in the enforcement of the provisions of this Chapter shall not be compelled in any court to say 
whence he got any information as to the commission of any offence against this Act. 

54.  Punishment  for  abetement  in  India  of  acts  done  out  of  India.—If  any  person,  being  within 
India, abets the commission, without India, of any act which, if committed in India, would, under this Act, 
be an offence, he may be tried for such abetement in any place in India in which he may be found, and be 
punished therefor with the punishment to which he would be liable if he had himself committed in that 
place the act which he abetted.  

CHAPTER IX 

MISCELLANEOUS 

55. Protection of action taken in good faith.—No suit or other legal proceedings shall lie against 
any person in respect of anything which is in good faith done or intended to be done in pursuance of this 
Act. 

56. Certain persons to be public servants.—Every person appointed under this Act shall be deemed 

to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).  

57.  Stay  of  proceedings  where  the  validity  of  registration  of  the  geographical  indication  is 
questioned,  etc.—(1)  Where  in  any  suit  for  infringement  of  a  geographical  indication  the  defendant 
pleads that registration of the geographical indication relating to plaintiff is invalid, the court trying the 
suit (hereinafter referred to as the court), shall,— 

(a)  if  any  proceedings  for  rectification  of  the  register  to  the  geographical  indication  relating  to 
plaintiff or defendant are pending before the Registrar or the  1[High Court], stay the suit pending the 
final disposal of such proceedings; 

1. Subs. by Act 33 of 2021, s. 22, for “Appellate Board” (w.e.f. 4-4-2021). 

20 

 
                                                 
(b)  if  no  such  proceedings  are  pending  and  the  court  is  satisfied  that  the  plea  regarding  the 
invalidity of the registration of the geographical indication relating to plaintiff or defendant is  prima 
facie tenable, raise an issue regarding the same and adjourn the case for a period of three months from 
the  date  of  the  framing  of  the  issue  in  order  to  enable  the  party  concerned  to  apply  to  the  1[High 
Court] for rectification of the register. 

(2) If the party concerned proves to the court that he has made any such application as is referred to in 
clause (b) of sub-section (1) within the time specified therein or within such extended time as the court 
may  for  sufficient  cause  allow,  the  trial  of  the  suit  shall  stand  stayed  until  the  final  disposal  of  the 
rectification proceedings. 

(3)  If  no  such  application  as  aforesaid  has  been  made  within  the  time  so  specified  or  within  such 
extended time as the court may allow, the issue as to the validity of the registration  of the geographical 
indication concerned shall be deemed to have been abandoned and the court shall proceed with the suit in 
regard to the other issues in the case. 

(4)  The  final  order  made  in  any  rectification  proceedings  referred  to  in  sub-section  (1)  or                       

sub-section (2) shall  be  binding  upon  the  parties  and  the  court  shall  dispose  of  the  suit  conformably  to 
such  order  in  so  far  as  it  relates  to  the  issue  as  to  the  validity  of  the  registration  of  the  geographical 
indication.  

(5)  The  stay  of  a  suit  for  the  infringement  of  a  geographical  indication  under  this  section  shall  not 
preclude  the  court  from  making  any  interlocutory  order  (including  any  order  granting  an  injunction, 
directing account to be kept, appointing a receiver or attaching any property), during the period of the stay 
of the suit. 

58.  Application  for  rectification  of  register  to  be  made  to  1[High  Court]  in  certain                  

cases.—(1)  Where  in  a  suit  for  infringement  of  a  registered  geographical  indication  the  validity  of  the 
registration of the geographical indication relating to plaintiff is questioned by the defendant or where in 
any such suit the plaintiff questions the validity of the registration of the geographical indication relating 
to defendant, the issue as to the validity of the registration of the geographical indication concerned shall 
be  determined  only  on  an  application  for  the  rectification  of  the  register  and,  notwithstanding  anything 
contained in section 27, such application shall be made to the 1[High Court] and not to the Registrar. 

(2) Subject to the provisions of sub-section (1), where an application for rectification of the register is 
made  to  the  Registrar  under  section  27,  the  Registrar  may,  if  he  thinks  fit,  refer  the  application  at  any 
stage of the proceedings to the 1[High Court]. 

59.  Implied  warranty  on  sale  of  indicated  goods.—Where  a  geographical  indication  has  been 
applied to the goods on sale or in the contract for sale of any goods, the seller shall be deemed to warrant 
that  the  geographical  indication  is  a  genuine  geographical indication  and  not falsely  applied,  unless  the 
contrary is expressed in writing signed by or on behalf of the seller and delivered at the time of the sale of 
goods on contract to and accepted by the buyer.  

60. Powers of Registrar.—In all proceedings under this Act before the Registrar,— 

(a) the Registrar shall have all the powers of a civil court for the purposes of receiving evidence, 
administering oaths, enforcing the attendance of witnesses, compelling the discovery and production 
of documents and issuing commissions for the examination of witnesses; 

(b) the Registrar may, subject to any rules made in this behalf under section 87, make such orders 
as to costs as he considers reasonable, and any such order shall be executable as a decree of a civil 
court; 

(c) the Registrar may, on an application made in the prescribed manner, review his own decision. 
61.  Exercise  of  discretionary  power  by  Registrar.—Subject  to  the  provisions  of  section  64,  the 
Registrar shall not exercise any discretionary or other power vested in him by this Act or the rules made 
thereunder adversely to a person applying for the exercise of that power without (if so required by that 
person within the prescribed time) giving to the person an opportunity of being heard.  

1. Subs. by Act 33 of 2021, s. 22, for “Appellate Board” (w.e.f. 4-4-2021). 

21 

 
                                                 
62.  Evidence  before  Registrar.—In  any  proceeding  under  this  Act  before  the  Registrar,  evidence 

shall be given by affidavit: 

Provided that the Registrar may, if he thinks fit, take oral evidence in lieu of, or in addition to, such 

evidence by affidavit.  

63. Death of party to a proceeding.—If a person who is a party to a proceeding under this Act (not 
being a proceeding before  1*** a court) dies pending the proceeding, the Registrar may, on request, and 
on  proof  to  his  satisfaction  of  the  transmission  of  the  interest  of  the  deceased  person,  substitute  in  the 
proceeding his successor in interest in his place, or, if the Registrar is of opinion that the interest of the 
deceased  person  is  sufficiently  represented  by  the  surviving  parties,  permit  the  proceeding  to  continue 
without the substitution of his successor in interest. 

64. Extension of time.—(1) If the Registrar is satisfied, on application made to him in the prescribed 
manner and accompanied by the prescribed fee, that there is sufficient cause for extending the time for 
doing any act (not being a time expressly provided in the Act), whether the time so specified has expired 
or not, he may, subject to such conditions as he may think fit to impose, extend the time and  inform the 
parties accordingly. 

(2)  Nothing  in  sub-section  (1)  shall  be  deemed  to  require  the  Registrar  to  hear  the  parties  before 
disposing of an application for extension of time, and no appeal shall lie from any order of the Registrar 
under this section.  

65.  Abandonment.—Where,  in  the  opinion  of  the  Registrar,  an  applicant  is  in  default  in  the 
prosecution  of an  application  filed  under this  Act, the  Registrar  may,  by  notice  require  the applicant to 
remedy  the  default  within a  time  specified and  after giving  him,  if  so,  desired, an  opportunity  of  being 
heard, treat the application as abandoned, unless the default is remedied within the time specified in the 
notice. 

66. Suit for infringement, etc., to be instituted before district court.—(1) No suit,— 

(a) for the infringement of a registered geographical indication; or 

(b) relating to any right in a registered geographical indication; or 

(c) for passing of arising out of the use by the defendant of any geographical indication which is 
indentical  on  with  or  deceptively  similar  to  the  geographical  indication  relating  to  the  plaintiff, 
whether registered or unregistered,  

shall be instituted in any court inferior to a district court having jurisdiction to try the suit. 

(2)  For  the  purpose  of  clauses  (a)  and  (b)  of  sub-section  (1),  a  “district  court  having  jurisdiction” 
shall, notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), or any other 
law for the time being in force, include a district court within the local limits of whose jurisdiction, at the 
time  of  the  institution  of  the  suit  or  other  proceeding,  the  person  instituting  the  suit  or  proceeding,  or, 
where there are  more  than  one  such  persons any  of them,  actually  and  voluntarily  resides  or  carries  on 
business or personally works for gain. 

Explanation.—For  the  purposes  of  sub-section (2),  “person”    includes the registered  proprietor and 

the authorised user. 

67. Relief in suit for infringement or for passing off.—(1) The relief which a court may grant in 
any suit for infringement or for passing off referred to in section 66 includes injunction (subject to such 
terms, if any, as the court thinks fit) and at the option of the plaintiff, either damages or account of profits, 
together  with  or  without  any  order  for  the  delivery-up  of  the  infringing  labels  and  indications  for 
destruction or erasure. 

(2)  The  order  of  injunction  under  sub-section  (1)  may  include  an  ex  parte  injunction  or  any 

interlocutory order for any of the following matters, namely:— 

(a) for discovery of documents; 

1. The words “the Appellate Board or” omitted by Act 33 of 2021, s. 22 (w.e.f. 4-4-2021). 

22 

 
                                                 
(b)  preserving  of  infringing  goods,  documents  or  other  evidence  which  are  related  to  the              

subject-matter of the suit; 

(c) restraining the defendant from disposing of or dealing with his assets in a manner which may 
adversely affect plaintiff’s ability to recover damages, costs or other pecuniary remedies which may 
be finally awarded to the plaintiff. 

(3) Notwithstanding anything contained in sub-section (1), the court shall not grant relief by way of 

damages (other than nominal damages) on account of profits in any case— 

(a) where in a suit for infringement the defendant satisfies the court— 

(i) that at the time he commenced to use the geographical indication complained of in the suit 
he was unaware and had no reasonable ground for believing that the geographical indication of 
the plaintiff was on the register; and 

(ii)  that  when  he  became  aware  of  the  existence  and  nature  of  the  plaintiff’s  right  in  the 
geographical indication, he forthwith ceased to use the geographical indication in relation to good 
in respect of which it was registered; or 

(b) where in a suit for passing off, the defendant satisfies the court— 

(i) that at the time he commenced to use the geographical indication complained of in the suit 
he  was  unaware  and  had  no  reasonable  ground  for  believing  that  the  geographical  indication 
relating to the plaintiff was in use; and 

(ii)  that  when  he  became  aware  of  the  existence  and  nature  of  the  geographical  indication 

relating to the plaintiff he forthwith ceased to use the geographical indication complained of.  

68.  Authorised  user  to  be  impleaded  in  certain  proceedings.—(1)  In  every  proceeding  under 
Chapter  VI  or  under  section  31,  every  authorised  user  of  a  geographical  indication  to  which  such 
proceeding  relate,  who  is  not  himself  an  applicant  in  respect  of  any  proceeding  under  that  Chapter  or 
section, shall be made a party to the proceeding. 

(2) Notwithstanding anything contained in any other law, an authorised user so made a party to the 
proceeding  shall  not  be  liable  for  any  costs  unless  he  enters  an  appearance  and  takes  part  in  the 
proceeding.  

69.  Evidence  of  entries  in  register,  etc.,  and  things  done  by  the  Registrar.—(1)  A  copy  of  any 
entry  in  the  register  or  of  any  document  referred  to  in  sub-section  (1)  of  section  78  purporting  to  be 
certified  by  the  Registrar  and  sealed  with  the  seal  of  the  Geographical  Indications  Registry  shall  be 
admitted  in  evidence  in  all  courts  and  in  all  proceedings  without  further  proof  or  production  of  the 
original. 

(2) A certificate purporting to be under the hand of the Registrar as to any entry, matter or thing that 
he is authorised by this Act or the rules to make or do shall be prima facie evidence of the entry having 
been made, and of the contents thereof, or of the matter or things having been done or not done.  

70. Registrar and other officers not compellable to produce register, etc.—The Registrar or any 
officer of the Geographical Indications Registry shall not, in any legal proceedings to which he is not a 
party, be compellable to produce the register or any other document in his custody, the contents of which 
can  be  proved  by  the  production  of  a  certified  copy  issued  under  this  Act  or  to  appear  as  a  witness  to 
prove the matters therein recorded unless by order of the court made for special cause. 

71. Power to require  goods  to  show indication  of origin.—(1) The  Central Government  may,  by 
notification in the Official Gazette, require that goods of any class specified in the notification which are 
made  or  produced  beyond  the  limits  of  India  and  imported  into  India,  or,  which  are  made  or  produced 
within the limits of India, shall, from such date as may be appointed by the notification not being less than 
three months from its issue, have applied to them an indication of the country or place in which they were 
made or produced, or of the name and address of the manufacturer or the person for whom the goods were 
manufactured. 

23 

 
(2) The notification may specify the manner in which such indication shall be applied, that is to say, 
whether to goods themselves or in any other manner, and the times or occasions on which the presence of 
the indication shall be necessary, that is to say, whether on importation only, or also at the time of sale, 
whether by wholesale or retail or both. 

(3)  No  notification  under  this  section  shall  be  issued,  unless  application  is  made  for  its  issue  by 
persons or associations substantially representing the interests of dealers in, or manufacturers, producers, 
or  users  of,  the  goods  concerned,  or  unless  the  Central  Government  is  otherwise  convinced  that  it  is 
necessary  in  the  public  interest  to  issue  the  notification,  with  or  without  such  inquiry,  as  the  Central 
Government may consider necessary. 

(4) The provisions of section 23 of the General Clauses Act, 1897 (10 of 1897) shall apply to the issue 
of a notification under this section as they apply to the making of a rule or bye-law the making of which is 
subject to the condition of previous publication. 

(5) A notification under this section shall not apply to goods made or produced beyond the limits of 
India and imported into India, if in respect of those goods, the Commissioner of Customs is satisfied at the 
time of importation that they are intended for exportation whether after transhipment in or transit through 
India or otherwise.  

72.  Certificate  of  validity.—If  in  any  legal  proceedings  for  rectification  of  the  register  before  the        

1[High Court] a decision is on contest given in favour of the registered proprietor or, as the case may be, 
authorised  user  of  the  geographical  indication  on  the  issue  as  to  the  validity  of  the  registration  of  the 
geographical indication or the authorised user, the 1[High Court] may grant a certificate to that effect, and 
if such a certificate is granted, then, in any subsequent legal proceeding in which the said validity comes 
into question the said proprietor or the authorised user, as the case may be, on obtaining a final order or 
judgment  in  his  favour  affirming  validity  of  the  registration  of  the  geographical  indication  or  the 
authorised  user,  as  the  case  may  be,  shall  unless  the  said  final  order  or  judgment  for  sufficient  reason 
directs otherwise, be entitled to his full cost charges and expenses as between legal practitioner and client.  

73.  Groundless  threats  of  legal  proceedings.—(1)  Where  a  person,  by  means  of  circulars, 
advertisements  or  otherwise,  threatens  a  person  with  an  action  or  proceeding  for  infringement  of  a 
geographical indication which is registered, or alleged by the first-mentioned person to be registered, or 
with some other like proceeding, a person aggrieved may, whether the person making the threats is or is 
not the registered proprietor or the authorised user of the geographical indication, bring a suit against the 
first-mentioned person and may obtain a declaration to the effect that the threats are unjustifiable, and an 
injunction  against  the  continuance  of  the  threats  and  may  recover  such  damages  (if  any)  as  he  has 
sustained,  unless  the  first-mentioned  person  satisfies  the  court  that  the  geographical  indication  is 
registered  and that the  acts  in  respect  of  which  the  proceedings  were threatened,  constitute,  or, if  done, 
would constitute, an infringement of the geographical indication. 

(2)  The  last  preceding  sub-section  does  not  apply  if  the  registered  proprietor  of  the  geographical 
indication or an authorised user thereof with due diligence commences and prosecutes an action against 
the person threatened for infringement of the geographical indication. 

(3)  Nothing  in  this  section  shall  render  a  legal  practitioner  or  a  registered  geographical  indications 
agent liable to an action under this section in respect of an act done by him in his professional capacity on 
behalf of a client. 

(4) A suit under sub-section (1) shall not be instituted in any court inferior to a district court.  

74.  Address  for  service.—An  address  for  service  stated  in  an  application  or  notice  of  opposition 
shall,  for  the  purposes  of  the  application  or  notice  of  opposition  be  deemed  to  be  the  address  of  the 
applicant or opponent, as the case may be, and all documents in relation to the application or notice of 
opposition  may  be  served by  leaving  them  at  or  sending  them  by  post  to the address  for  service of the 
applicant or opponent, as the case may be.  

1. Subs. by Act 33 of 2021, s. 22, for “Appellate Board” (w.e.f. 4-4-2021). 

24 

 
                                                 
75.  Trade  usages,  etc.,  to  be  taken  into  consideration.—In  any  proceeding  relating  to  a 
geographical indication, the 1[Registrar or the High Court, as the case may be,] shall admit evidence of the 
usages  of  the  trade  concerned  and  of  any  relevant  geographical  indication  legitimately  used  by  other 
persons. 

76. Agents.—Where, by or under this Act, any act, other than the making of an affidavit, is required 
to be done before the Registrar by any person, the act may, subject to the rules made in this behalf, be 
done instead of by that person himself, by a person duly authorised in the prescribed manner, who is,— 

(a) a legal practitioner, or  

(b) a person registered in the prescribed manner as a geographical indications agent, or 

(c) a person in the sole and regular employment of the principal.  

77. Indexes.—There shall be kept under the directions and supervision of the Registrar,— 

(a) an index of registered geographical indications, 

(b)  an  index  of  geographical  indications  in  respect  of  which  applications  for  registration  are 

pending, 

(c) an index of the names of the proprietors of registered geographical indications, and 

(d) an index of the names of authorised users.  

78.  Documents  open  to  public  inspection.—(1)  The  following  documents,  subject  to  such 
conditions as may be prescribed, be open to public inspection at the Geographical Indications Registry, 
namely:— 

(a) the register and any document upon which any entry in the register is based; 

(b)  every  notice  of  opposition  to  the  registration  of  a  geographical  indication,  application  for 
rectification  before  the  Registrar,  counter-statement  thereto,  and  any  affidavit  or  document  filed  by 
the parties in any proceedings before the Registrar; 

(c) the indexes mentioned in section 77; and 

(d) such other documents as the Central Government may, by notification in the Official Gazette, 

specify: 

Provided that where such register is maintained wholly or partly on computer, the inspection of 
such  register  under  this  section  shall  be  made  by  inspecting  the  computer  print  out  of  the  relevant 
entry in the register so maintained on computer. 

(2)  Any  person  may,  on  an  application  to  the  Registrar  and  on  payment  of  such  fee  as  may  be 

prescribed,  obtain  a  certified  copy  of  any  entry  in  the  register  or  any  document  referred  to  in                               
sub-section (1). 

79. Reports of Registrar to be placed before Parliament.—The Central Government shall cause to 
be placed before both Houses of Parliament once a year a report respecting the execution by or under this 
Act. 

80.  Fees  and  surcharge.—(1)  There  shall  be  paid  in  respect  of  applications  and  registrations  and 

other matters under this Act such fees and surcharge as may be prescribed by the Central Government. 

(2) Where a fee is payable in respect of the doing of an act by the Registrar, the Registrar shall not do 

that act until the fee has been paid. 

(3)  Where  a  fee  is  payable  in  respect  of  the  filing  of  a  document  at  the  Geographical  Indications 

Registry, the document shall be deemed not to have been filed at the registry until the fee has been paid.  

1. Subs. by Act 33 of 2021, s. 22, for “tribunal” (w.e.f. 4-4-2021). 

25 

 
 
                                                 
81. Savings in respect of certain matters in Chapter VIII.—Nothing in Chapter VIII shall— 

(a) exempt  any  person  from  any  suit  or  other  proceeding  which  might,  but for anything  in that 

Chapter, be brought against him, or 

(b) be construed so as to render liable to any prosecution or punishment any servant of a master 
resident  in  India  who  in  good  faith  acts  in  obedience  to  the  instructions  of  such  master,  and,  on 
demand made by or on behalf of the prosecutor, has given full information as to his master and as to 
the instructions which he has received from his master. 

82.  Declarations  as  to  title  of  geographical  indication  not  registerable  under  the  Registration 
Act,  1908.—Notwithstanding  anything  contained  in  the  Registration  Act,  1908  (16  of  1908),  no 
document declaring or purporting to declare any title of a person to a geographical indication other than a 
registered geographical indication shall be registered under that Act.  

83. Government to be bound.—The provisions of this Act shall be binding on the Government.  

84.  Special  provisions  relating  to  applications  for  registration  from  citizens  of  convention 
countries.—(1) With a view to the fulfilment of a treaty, convention or arrangement with any country or 
a  country  which  is  a  member  of  a  group  of  countries  or  union  of  countries  or  Inter-Governmental 
Organisations  outside  India  which  affords  to  citizens  of  India  similar  privileges  as  granted  to  its  own 
citizens,  the  Central  Government  may,  by  notification  in  the  Official  Gazette,  declare  such  country  or 
group of countries or union of countries or Inter-Governmental Organisations to be a convention country 
or  convention countries for the purposes of this Act. 

(2) Nothing contained in this Act or the Trade Marks Act, 1999 (47 of 1999) shall prevent a continued 
and similar use of geographical indication relating to a country or a country which is a member of a group 
of countries or union of countries or any Inter-Governmental Organisations, as the case may be, notified 
under sub-section (1) identifying wines or spirits in connection with goods by any citizen or domiciliary 
of  such  country  who  has  used  that  geographical  indication  in  continuous  manner  with  regard  to  such 
goods or any goods relating to such goods, as the case may be, in any part of the territory of that country 
either— 

(a) for at least ten years preceding the 15th day of April, 1994; or 

(b) in good faith preceding the date referred to in clause (a).  

85. Provision as to reciprocity.—Where any country or a country which is a member of a group of 
countries  or  union  of  countries  or  any  Inter-Governmental  Organisation  specified  by  the  Central 
Government in this behalf by notification in the Official Gazette does not accord to citizens of India the 
same rights in respect of the registration and protection of geographical indications as it accords to its own 
nationals, no nationals of such country or a country which is a member of a group of countries or union or 
countries or Inter-Governmental Organisations, as the case may be, shall be entitled— 

(a) to apply for the registration of, or be registered as the proprietor of geographical indication; 

(b) to apply for registration or be registered as an authorised user of a geographical indication.  

86.  Powers  of  Central  Government to  remove  difficulties.—(1)  If  any  difficulty  arises  in  giving 
effect  to  the  provisions  of  this  Act,  the  Central  Government  may,  by  order  published  in  the  Official 
Gazette,  make  such  provisions  not  inconsistent  with  the  provisions  of  this  Act  as  may  appear  to  be 
necessary for removing the difficulty: 

Provided  that  no  order  shall  be  made  under  this  section  after  the  expiry  of  five  years  from  the 

commencement of this Act. 

(2) Every order made under this section shall, as soon as may be after it is made, be laid before each 

House of Parliament.  

87. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette 

and subject to the condition of previous publication, make rules to carry out the provisions of this Act. 

26 

 
(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

(a) the matters to be included in the Register of Geographical Indications under sub-section (1), 
and  the  safeguards  to  be  observed  in  the  maintenance  of  such  register  in  computer  floppies  or 
diskettes under sub-section (2) of section 6; 

(b) the manner of incorporation of particulars relating to registration of geographical indications 
in  Part  A  under  sub-section  (2)  and  the  manner  of  incorporation  of  particulars  relating  to  the 
registration of the authorised users under sub-section (3) of section 7; 

(c)  the  classification  of  goods  and  the  manner  of  publication  of  the  alphabetical  index  of 
classification of goods and the definite territory or locality or region for the purpose of registration of 
geographical indications under sub-section (1) of section 8; 

(d) the form in which and the manner in which an application for registration of a geographical 
indication may be made and the fees which may accompany the application under sub-section (1) and 
the  particulars  to  be  made  in  the  statement  of  producers  of  goods  who  proposes  to  be  initially 
registered with the registration under clause (f) of sub-section (2) of section 11; 

(e)  the  manner  of  publication  of  advertisement  of  accepted  application,  for  registration  of 
geographical  indications,  etc.,  under  sub-section  (1), and  the  manner  of  notifying  the  corrections  or 
amendments made in the application under sub-section (2) of section 13; 

(f)  the  manner  in  which  and  the  fee  which  may  accompany  an  application  and  the  manner  of 
giving notice under sub-section (1) and the manner of sending counter statement under sub-section (2) 
and the manner of submission of evidence and the time therefor under sub-section (4) of section 14; 

(g) the form of certificate of registration under sub-section (2) and the manner of giving notice to 

the applicant under sub-section (3) of section 16; 

(h)  the  manner  of  applying  for  registration  as  an  authorised  user  under  sub-section  (1)  and  the 
manner of submitting statements and documents along with such application and the fee which may 
accompany such application under sub-section (2) of section 17; 

(i) the manner of making application, the time within which such application is to be made and 
the fee payable with each application, under sub-section (3) and the time within which the Registrar 
shall send notice and the manner of such notice under sub-section (4) and the form in which and the 
fee which may accompany an application for renewal to be made under sub-section (5) of section 18; 

(j) the manner of making applications under sub-sections (1) and (2), the manner of giving notice 
under  sub-section  (4)  and  the  manner  of  service  of  notice  of  rectification  under  sub-section  (5)  of 
section 27; 

(k) the manner of making an application for correction, etc., under section 28; 

(l)  the  manner  of  making  an  application  under  sub-section  (1),  the  manner  of  advertising  an 
application  under  sub-section  (1),  the  time  and  manner  of  notice  by  which  an  application  may  be 
opposed under sub-sections (2) and (3) of section 29; 

(m) the manner of advertisement under sub-section (2) of section 30; 
1* 
(o)  the  form  in  which  an  application  for  rectification  shall  be  made,  under  sub-section  (1)  of 

* 

* 

* 

* 

section 34; 

(p) the manner of making an application for review under clause (c) of section 60; 

(q)  the  time  within  which  an  application  is  to  be  made  to  the  Registrar  for  exercising  his 

discretionary power under section 61;  

(r) the  manner  of  making  an  application  and the  fee payable  therefore  under  sub-section  (1)  of 

section 64; 

1. Clause (n) omitted by Act 33 of 2021, s. 22 (w.e.f. 4-4-2021). 

27 

 
 
 
 
 
 
 
 
                                                 
(s) the manner of authorising any person to act and the manner of registration of a geographical 

indications agent under section 76;  

(t)  the  fee  and  surcharge  payable  for  applications  and  registrations  and  other  matters  under                 

sub-section (1) of section 80;  

(u) any other matter which is required to be, or may be, prescribed.  

(3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it 
is made, before each House of Parliament, while it is in session, for a total period of thirty days which 
may be comprised in one session or in two or more successive sessions, and if, before the expiry of the 
session  immediately  following  the  session  or  the  successive  sessions  aforesaid,  both  Houses  agree  in 
making any modification in the rule or both Houses agree that the rule should not be made, the rule shall 
thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that 
any such modification or annulment shall be without prejudice to the validity of anything previously done 
under that rule.  

28 

 
